You have no share in property during father lifetime
your father was at liberty to sell the property without your consent
claim if any is barred by limitation
Christian succession act - property already sold without consent of sons
My father sold his self acquired property to a private financier for a lower price and without our knowledge it was registered to the financier's name in 2017. We came to know the whole story by Jan 2021. Is there any way that we (Sons) can file a case and try to get back the property or get a stay order? Do we have an loop hole? Regards P.Kumar
Asked 4 years ago in Property Law
Religion: Christian
8 Answers
If it was a self acquired property then he can do anything he likes with it. Sons cannot do anything. They may at best influence him or persuade him.
There are two grounds on which transaction can be successfully challenged…
- Even a part contribution by any of family member makes the property joint as the same is transferred without your consent you can seek cancellation of sale deed.
- If the sale consideration received is not as per the then market value you can claim fraud.
Both grounds are valid grounds and justifiable.
If you're father is or was unsound mind then you can file case against financier under sections coercion, fraudulent and misrepresentation of the Indian Contract Act.
Ans: Was your father the only owner of the property? if he was the only owner then there are slight chances you may acquire the property.
If you are prepared and have proof of a fraud being played upon your father during the transfer of the property then you may move the court of appropriate jurisdiction for filing a case.
- Property rights of Christians in India is governed by the Indian Succession Act
- Further, under Christians succession Act , the property is considered as self-acquired despite the mode of acquisition.
- Hence, you father was having his right to sell /transfer his self acquired property to anyone without your consent during his life time.
- However, you can file a declaration suit for cancelling the sale deed on the ground of coercion, fraudulent and misrepresentation.
You have stated it to be your father's self acquired property which he had sold it to a buyer.
Your father is the owner having clear and marketable title to the property being it is his self acquired property, therefore he need not obtain consent or permission from anyone including his children to sell his property.
Neither you nor anyone else is having any rights in the property nor any case filed in this regard is maintainable.
You cannot question your father's authority over this property.
Dear sir,
Any self-acquired property cannot be claimed by the legal heirs. Your father has complete autonomy over that property and could sell it to anyone. There is no such right that the law bestows upon you. You can only dispute when the land was ancestral in nature. Thank you.
